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June Court
1728
111 And whereupon the same Jn.o Donelson & James Martin by Levin Gale their attry say that whereas the afd Francis was Master & had the Charge of their the same Jn.o & James Sloop Called the at Somrsett Co.ty within the Jur of this Court from the tenth day of November Anno Dom one thousand seven hundred and twenty five untill the sixth day of October Anno Dom one thousand seven hundred & twenty seven haveing by the same time ye whole Care & Managem.t of the said vessell and her Cargoe & of all & singular the Is Ishues & profitts of the said vessell and by the said time had received of the Mony's of them the Said Jn.o & James by the Hands of one Robert Dunwiddy at the Island of Burmuda that is to say at Somrsett Co.ty within the Jur of this Court to Merchandize & Make the profitt thereof of them the same Jn.o and James & to render a reasonable acc.t to them the same Jn.o & James of the time the Ishues profitts & Moneys afd when he should be thereunto required Yet the said Francis although often thereto required hath not rendered a reasonable acc.t as afd to the said Jno & James but the Same hitherto to Doe hath altogether Denyed & still doth deny whereby the same Jno & James say they are worse & have Dam.s to the value of one Hundred pounds Curr.t Mony of Maryland & thereof they bring this suite &a Levin Gale P Quer: Pledges &.a Jno Doe R Roe And the afd francis Lane in his own proper person appears and thereupon the said Francis Lane at the prayer of the Plfts attorney afd is adjudged to give Speciall bayle to the action afd thereupon a Certain John Lane and George Dashiell of Somersett County Gent.m Present herein Court undertakes for the said Francis Lane that if in Case the afd John Donelson and James Martin Shall Recover Judgm.t in the Plea afd against the afd Francis Lane or that the afd Francis Lane shall be therein Convict that then he the said Francis Lane shall pay the Condemnation of the Court or render his body to the Custody of the Sher of Somersett County in Satisfaction thereof or that he the same John Lane and George Dashiell will do it for him And the said francis Lane by George Dashiell his attorney Comes and defends ye force and Injury when &.a and saith that he Cannot gainsay the action afd of the afd John and James neither Can he say but that the same francis was bailiffe of the afd John and James of their vessles and Mony's afd neither but that he the said francis ought to account with the afd John and James of the time and Monys afd in form afd in which the said Plfts have above declared against the same francis and further the same francis saith that he is Ready to account thereof &c Thereof it is Considered that the afd francis Lane account with the afd John Donelson and James Martin of the time that he was Bailife and Received of the Money afd and that he be in Mercy becaus he has not before accounted thereupon Thomas Blair, Nathaniel Barber and Isaac Morris Gent are by the Court here and Consent of ^the^ Parties appointed Auditors |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 111 View pdf image |
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